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영어

This study analyse the enlargement of personal scope in relation between an arbitral tribunal and the court under international transport contract with the English maritime cases. The reason for litigation rules permitting the consolidation of many different claims into one proceeding is clear; it is a question of resources and not of the will of the parties. However, the same is not true in arbitration. Public policy concerns about efficient use or allocation of resources do not apply in arbitration. If the parties want to conserve their resources, they can still do so, as arbitration is a voluntary method of dispute resolution based on the will of the parties. The reason for permitting consolidation in arbitration has to be justifiable within the framework of arbitration, not litigation. From time to time arbitrators will encounter problems in dealing with multi-party situations. Neither English law nor the law in force in most other jurisdictions provides an arbitral tribunal or the Court with a general power to ensure that, in a multi-party situation, two or more arbitrations will be considered by the same tribunal either at the same hearing or at immediately succeeding hearings to avoid the danger of inconsistent awards. In a chain contract (for example the chartering and sub-chartering of a ship), if one party in the chain makes a claim against its contractual partner, the latter will seek to pass on liability to a third, who could be its supplier in a sale of goods case or the head charterer in a charterparty case. With the expansion of arbitration as a dispute resolution mechanism came the pursuit of extension of arbitration agreements to ‘third parties’, attempts to enlarge the personal or substantive scope of agreements to arbitrate as well as discussions and examination of the interrelation of arbitration agreements with contract law and theories of consents. The personal scope of the arbitration agreement extends to its parties, and in certain limited circumstances, it may also extend to third parties.